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Author: 


Selekman,  Ben  Morris 


Title: 


Industrial  disputes  and  the 
Canadian  act 

Place: 

New  York  city 

Date: 

1917 


MASTER   NEGATIVE  # 


COLUMBIA  UNIVERSITY  LIBRARIES 
PRESERVATION  DIVISION 

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ORIGINAL  MATERIAL  AS  FILMED  -    EXISTING  BIBLIOGRAPHIC  RECORD 


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Selekman,  Ben  Morris. 

Industrial  disputes  and  the  Canadian  act;  facts  about 
nine  years'  experience  with  compulsory  investigation  in 
Canada,  by  Ben  M.  Selelanan  ...  New  York  city,  Division 
of  industrial  studies,  Russell  Sage  foundation,  1917. 

42  p.  incl.  tables,  diagrs.  IZ''^.  [Russell  Sage  foundation,  New  York. 
Division  of  industrial  studies.    Pamphlets.    IS  5j 

"Reprinted  from  the  Survey,  March  31,  1917." 
Bibliography:  p.  39-41. 


1.  Arbitration,  Industrial— Canada.        i.  Title. 


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INDUSTRIAL  DISPUTES  AND 
THE  CANADIAN  ACT 


FACTS  ABOUT  NINE  YEARS*  EXPERIENCE 

WITH  COMPULSORY  INVESTIGATION 

IN  CANADA 


April,  1917 


By  BEN  M.  SELEKMAN 


REFanrTED  FROM  The  Survey 

^AECH    31,    1917,    BY    THE 

DiviMow  OP  Industrial  Studies 

Russell  Sage  Foundatiok 

130  East  }22d  Street 

N«w  York  City 


Price  20  CenU 


W3^ 


LIBRARY 


School  of  Business 


INDUSTRIAL  DISPUTES  AND 
THE  CANADIAN  ACT 


FACTS  ABOUT  NINE  YEARS'  EXPERIENCE 

WITH  COMPULSORY  INVESTIGATION 

IN  CANADA 


By  BEN  M.  SELEKMAN 


Reprinted  from  The  Survey 

March  SI,  1917,  bt  the 

DiTisioN  OF  Industoial  Studies 

Russell  Saoe  Foukdatiox 

130  East  29d  Street 

New  York  Citt 


April,  1917 


Price  20  Cents 


I 


I 


TABLE  OF  CONTENTS 

Canadian  Opinion 4 

Repeal  Asked  for  by  Labor 7 

Procedure  Under  the  Act 8 

Serious  Strikes  in  the  West 15 

The  Act  a  Failure  in  Coal  Mining 17 

Railroads  and  Other  Public  Utilities 18 

Results  Among  Public  Utilities 21 

Violations  of  the  Act 21 

Penalties    Not    Enforced 24 

Lessons  for  the  United  States 25 

The  Community  Ought  to  Have  the  Facts 27 

Appendix  A.     Statistical  Tables 29 

Appendix  B.     Bibliography 39 


INDUSTRIAL  DISPUTES  AND  THE  CANADIAN  ACT 


COMMENT  in  the  United  States  on  the  Canadian 
industrial  disputes  investigation  act  within  the  last 
six  months  has  been  at  once  abundant  and  diverse. 
"The  wisest  and  most  successful  labor  legislation 
anywhere  adopted,"  Charles  W.  Eliot  wrote  of  it.  "A  false 
step,  reactionary,  un-American,"  is  the  verdict  of  Samuel 
Gompers  on  its  application  to  this  country.  These  two  remarks 
typify  the  discussion  that  has  been  going  on  since  President 
Wilson  first  recommended  to  Congress  that  it  pass  an  act 
similar  in  principle  to  the  Canadian  law. 

The  administration  bill,  modeled  on  the  Canadian  law  was 
outlined  by  John  A.  Fitch  in  the  Survey  for  January  27.*  The 
object  of  this  inquiry  is  to  analyze  the  Canadian  law  and  ex- 
amine the  claim  made  for  it  and  the  facts  about  its  operation. 
The  material  is  based  on  a  study  of  official  reports,  and  inter- 
views with  labor  men,  employers,  public  officials  and  inter- 
ested citizens  in  eastern  Canada. 

Under  the  law  in  question,  which  was  enacted  in  1907,  it 
is  illegal  to  declare  a  strike  or  lockout  in  mines  or  other  public 
utilities  until  a  full  investigation  into  the  merits  of  the  dispute 
has  been  completed.  Thirty  days'  notice  must  be  given  of  any 
intention  on  the  part  of  either  employer  or  workers  to  secure 
a  change  in  wages  or  working  conditions.  If  at  the  end  of  this 
period  no  agreement  has  been  reached,  application  must  be 
made  for  a  board  of  investigation  and  conciliation.  The  min- 
ister of  labor  then  arranges  for  the  creation  of  such  a  board, 
one  member  of  which  is  nominated  by  the  employers,  one  by 
the  employes  and  a  third  by  joint  recommendation  of  the  other 
two  members. 

This  board  considers  the  facts  of  the  case  in  dispute  and 
makes  its  report  to  the  minister  of  labor.  After  that  em- 
ployers and  employes  are  free  to  accept  or  reject  the  recom- 
mendations and  to  resort  to  strike  or  lockout.  Penalties  are 
provided,  ranging  from  $10  to  $50  a  day  for  each  man,  if  em- 
ployes strike,  and  from  $100  to  $1000  a  day  if  employers  lock 
out  their  workers,  without  asking  for  a  board  or  without  wait- 
ing for  its  decision. 

For  nine  years  this  law  has  been  operating  in  Canada.  What 
is  thought  of  it  there  is  more  significant,  therefore,  than  what 


•Involuntary  Servitude  and  the  Right  to  Strike,  by  John  A.  Fitch. 
Survey,  January  27,  1917. 


The 


I 


people  say  about  it  in  the  United  States.  Does  the  law  force 
men  into  "compulsory  servitude"?  Has  it  established  indus- 
trial peace? 

Canadian  Opinion 

In  the  Dominion,  as  in  the  United  States,  opinion  is  divided. 
As  in  this  country,  public  officials  and  employers  are  lined  up 
in  favor  of  the  act;  but,  contrary  to  the  status  of  opinion  in  this 
country,  organized  labor  is  not  unanimous  in  condemning  it; 
nor  do  those  groups  of  vrorkers  in  Canada  who  criticize  the 
act,  follow  the  same  line  of  argument  as  their  fellow  workers 
in  this  country. 

Interested  citizens  with  hardly  any  exception  approve  the 
law.  "The  act  has  not  been  a  panacea,"  said  an  editor  of  a 
large  Canadian  newspaper,  "but  it  is  a  pretty  good  thing.  It 
postpones  the  occurrence  of  a  strike  and  gives  sober-minded 
people  a  chance  to  exert  moral  influence  in  bringing  the  two 
parties  to  an  amicable  settlement."  "The  act  is  based  on  the 
principle  of  arbitration,"  declared  a  prominent  prelate,  "and, 
therefore,  is  a  very  fine  thing.  It  tries  to  do  away  with  the 
strike  altogether,  because  it  brings  the  employer  and  employe 
together  and  in  this  way  helps  toward  an  understanding  be- 
tween them  before  a  strike  may  occur." 

The  degree  of  public  approval  accorded  the  act  can  be  meas- 
ured effectively  by  the  attitude  of  political  parties.  The  Lib- 
eral Party  is  responsible  for  its  existence,  but  the  Conserva- 
tive Party,  now  in  power,  has  declared  through  the  minister 
of  labor  that  it  will  not  repeal  the  law  in  spite  of  some  objec- 
tion from  organized  labor.  It  intends,  rather,  to  amend  and 
perfect  it  in  order  to  insure  more  equitable  and  effective  ope- 
ration. 

Executives  of  public  utility  companies  reinforce  the  general 
argument  of  public  men  with  their  own  first-hand  experiences. 
"The  act  is  all  right,"  declared  a  representative  of  the  Ship- 
ping Federation  of  Canada,  "because  it  prevents  hasty  action," 
and  he  went  on  to  explain  how  it  has  helped  to  maintain  a 
peaceful  relationship  between  longshoremen  and  shippers  in 
Montreal. 

"Now,  suppose  two  or  three  labor  leaders  come  in  here," 
said  an  executive  of  a  large  railroad,  illustrating  the  benefits  of 
the  act,  *|and  they  have  a  thousand  men  behind  them.  They 
put  certain  demands  up  to  us  and  say:  'Here,  you,  give  these 
to  us  or  we'll  strike  by  such  and  such  a  time.*    Well,  we  can 


say  to  them:  'There  is  a  disputes  act  on  the  statutes;  you'll 
have  to  apply  for  a  board  or  violate  the  law,'  and  thus  they 
are  prevented  from  taking  precipitate  action  against  us. 

"We  had  a  recent  case,"  he  continued  by  way  of  concrete 
illustration.  "The  men  demanded  certain  increases  in  their 
wages,  and  we  informed  them  that  we  could  not  grant  the 
rates  desired.  They  then  applied  for  a  board  and  the  report 
of  the  board  was  in  their  favor.  For  a  time  we  hesitated  to 
accept  the  report.  But  after  considering  everything — the  con- 
dition of  the  labor  market,  etc.,  we  decided  to  accept  the 
award,  because  we  knew  that  if  the  men  struck,  they  would 
win.  That's  the  beauty  of  the  act.  It  gives  us  a  chance  to 
think  over  and  consider  all  these  things." 

Mining  operators,  on  the  other  hand,  while  commending  its 
principle,  complain  that  the  act  does  not  work  equitably  for 
them,  because  the  penal  clauses  cannot  be  enforced  against  their 
employes  when  the  latter  violate  the  law. 

So  far  as  labor  is  concerned,  the  Canadian  Federation  of 
Labour  has  gone  definitely  on  record  as  not  only  approving  the 
law  but  favoring  an  extension  of  its  provisions.  At  its  last 
convention  a  resolution  was  adopted  favoring  compulsory 
awards.  This  body  is,  however,  a  small  organization ;  its  mem- 
bership consists  of  about  7,000.  The  international  unions,  on 
the  other  hand — those  affiliated  with  labor  organizations  in 
the  United  States — number  over  100,000  wage-earners.  We 
must  look  to  the  body  representing  these  unions,  the  Trades  and 
Labour  Congress,  which  is  affiliated  with  and  corresponds  to 
the  American  Federation  of  Labor  and  to  the  railway  unions, 
for  a  more  representative  body  of  opinion. 

The  maintenance-of-way  employes  and  railroad  telegraphers, 
who  both  singly  and  jointly  have  had  the  greatest  experience 
with  the  act,  are  most  enthusiastic  proponents  of  it.  So  much 
are  they  in  favor  of  it  that  in  1912  they  severed  their  affilia- 
tion with  the  Trades  and  Labour  Congress  because  in  1911 
the  latter  went  on  record  as  desiring  its  repeaL 

"As  one  who  has  had  possibly  the  greatest  experience  with 
the  act  .  .  . ,"  A.  B.  Low,  the  former  president  of  the  Order 
of  Maintenance-of-Way  Men  wrote  in  1914,  "I  do  not  think 
it  would  be  right  for  me  to  let  an  opportunity  go  by  of  saying 
a  good  word  for  the  act.  .  .  .  We  have  invoked  [it]  in  nine 
cases  ...  in  which,  when  conferences  between  the  officials 
and  the  representative  of  the  employes  failed  to  reach  an 
agreement,  a  board  was  applied  for  and  an  award  made  and  ac- 

5 


1 


f 


ceptcd.  .  .  .  That  our  organization  on  both  sides  of  the  line 
knows  by  practical  experience  the  benefit  of  the  act  may  be 
judged  by  the  fact  that,  at  the  Atlanta  convention  of  the 
American  Federation  of  Labor,  our  delegates  introduced  a 
resolution  asking  that  similar  legislation  be  advocated 
and  passed  upon  by  the  Senate  and  Congress  of  the  United 
btates;  and  that,  I  am  sure,  is  the  opinion  of  our  membership 

A  prominent  Canadian  official  of  the  Order  of  Railroad 
1  elegraphers  spoke  in  the  same  vein  : 

"1  feel  that  the  act  has  been  of  distinct  advantage  to  our  or- 
ganization. We  have  always  secured  favorable  results  by  refer- 
ence of  disputes  to  boards.     It  has  been  especially  helpful  in 

TJLt.T  -^'i  ''''?'•  ^^'/^'^  I  negotiated  twenty  trade 
agreements.  The  existence  of  the  act  with  its  threat  of  pub- 
licity  was  a  great  help  to  me  in  getting  these  agreements.  In 
not  one  case  did  I  have  to  take  a  strike  vote,  while  officials  of 
my  organization  in  the  states  had  to  take  many  strike  votes  in 
tneir  eltorts  to  get  similar  agreements." 

The  Brotherhood  of  Locomotive  Firemen  and  Enginemen  in 
Canada  is  friendly  to  the  principle  of  the  act,  but  desires  some 
changes  in  it. 

rJnw'r  n^  '"  '^'  f ''.°/  P"^^*'"  ''^^'^'''"  ^  prominent  offi- 
cial of  the  Dommion  Legislative  Board  of  this  union  explained, 
the  pubhc  interest  is  so  vital  that  there  ought  to  be  an  in- 
vestigation before  a  strike  or  lockout  shall  occur  and  the  pub- 
lic ought  to  have  an  opportunity  to  acquaint  itself  with  the 
-rl  :     k  T  ^bsohitely  opposed   to  compulsory  arbitration. 

In^V  .•  •  Z-a^^"'  °^  ^^^  '^^''  '^'^"^h-  B"^  compulsory 
investigation  IS  different It  may  be  that  the  disputes  aS 

has  injured  the  interest  of  the  workers.  But  that  has  nothing 
to  do  with  the  principle  of  the  act.  If  there  has  been  unfair- 
ness m  Its  operation,  the  law  ought  to  be  amended." 

The  Brotherhood  of  Locomotive  Engineers  on  the  other 
hand,  IS  a  most  bitter  opponent  of  the  act.  Its  legislative  board 
expressed  itself  in  no  unmistakable  language  last  November  in 
this  r^olution:  "That  this  board  do  all  in  its  power  to  have 
books""  '^"       ^'^"^^  investigation  act  wiped  ofF  the  statute 

"The  opinion  against  it  was  practically  unanimous,"  an  offi- 
cial  of  this  board  explained.  "While  some  of  the  men  spoke 
of  some  minor  advantages,  yet  all  of  them  thought  that  there 
were  no  real  benefits  from  the  operation  of  the  act.  It  simply 
caused  a  lot  of  delay  and  expense.  Many  times,  when  an  ad- 
justment committee  would  go  to  the  railroad  manager  and 
say  that  they  wanted  to  negotiate  a  new  agreement,  the  man- 

6 


ager  would  simply  say:  'Gro  and  apply  for  a  conciliation  board 
under  the  disputes  act.*  " 

The  Trades  and  Labour  Congress,  which  includes  within 
its  membership  the  other  craftsmen  coming  within  the  scope 

of  the  act,  such  as  miners,  machinists  and  others  employed 
on  railways,  street-car  employes  and  longshoremen,  also 
adopted  an  unfavorable  resolution  at  its  convention  last  No- 
vember: "That  we  go  on  record  as  opposing  the  Lemieux 
[disputes]  act  in  its  entirety."  This  is  a  change  from  the 
original  attitude  of  this  body.  When  the  act  was  first  intro- 
duced in  Parliament,  it  had  the  endorsement  of  the  president 
of  the  congress,  who  was  a  member  of  Parliament,  and  in  the 
convention  of  that  year  the  principle  of  the  bill  was  endorsed 
by  a  vote  of  eighty-one  to  nineteen.  In  every  year  following 
1907  until  1911  amendments  were  asked  for  to  improve  the 
administration  of  the  law.  In  1911,  for  the  first  time,  the 
organization  went  on  record  as  desiring  its  repeal,  by  adopt- 
ing the  following  resolution  unanimously: 

Repeal  Asked  for  by  Labor 

"While  this  congress  still  believes  in  the  principle  of  investi- 
gation and  conciliation  and  while  recognizing  that  benefits 
have  accrued  at  times  to  bodies  of  workmen  under  the  operation 
of  the  Lemieux  [disputes]  act,  yet  in  view  of  decisions  and  rul- 
ings and  delays  of  the  Department  of  Labour  in  connection 
with  the  administration  of  the  act,  and  in  consequence  of  judi- 
cial decisions  like  that  of  Judge  Townsend,  in  the  province  of 
Nova  Scotia,  determining  that  feeding  a  starving  man  on  strike 
[i.e.,  giving  strike  benefits]  contrary  to  the  act,  is  an  offence 
under  the  act :  Be  it  resolved,  that  this  congress  ask  for  the  re- 
peal of  the  act." 

In  1912  the  resolution  adopted  in  the  previous  year  was 
repeated  by  the  labor  congress.  In  1913,  1914  and  1915,  the 
congress  modified  its  position  and  went  on  record  as  desiring 
amendments,  but  in  1916,  after  long  and  heated  discussion 
they  asked  again  for  the  repeal  of  the  law. 

"The  principle  of  the  act  is  all  right,"  one  prominent  union 
official  remarked  in  explaining  the  last  action  of  this  body, 
"but  you  can  boil  it  all  down  to  a  question  of  administration. 
The  minister  of  labour  has  refused  to  establish  boards  in  one 
or  two  cases  and  that  has  made  the  men  feel  that  he  is  not 
administering  the  law  in  their  favor." 

"The  delegates  were  so  worked  up  over  their  grievances," 
writes  a  prominent  representative  of  organized  labor,  also  re- 
ferring to  the  resolution,  "that  they  were  in  no  mood  to  dis- 


I 

I 


tinguish  between  the  principle  of  the  act  and  its  administra- 
tion. 

The  extent  to  which  this  is  true  can  be  inferred  from  the  fact 
that  the  delegates  rejected,  without  calm  consideration  or  criti- 
cism the  measure  drafted  by  their  own  solicitor  as  a  substi- 
tute for  the  present  one,  in  order  to  meet  the  objections  pre- 
viously raised  by  them. 

Representatives  of  this  organization,  together  with  membere 
of  the  railway  labor  unions,  complain  about  the  difficulty  of 
securing  a  report  favorable  to  labor. 

"The  very  personnel  of  the  boards  are  against  the  interests 
«^u  Z^?^^^^»  said  an  official  of  the  Machinists'  Union. 
1  he  chairman  casts  the  deciding  vote  on  these  boards.  In 
ninety-nine  out  of  one  hundred  cases,  the  two  members  ap- 
pointed  by  the  employer  and  the  men  cannot  agree  upon  a 
mutually  suitable  person.  The  minister  of  labour  has  to  choose 
him,  and  he  usually  selects  a  judge  or  some  professional  man 
whose  point  of  view  is  capitalistic  and  who  has  no  sympathv 
for  the  working  class.  As  a  result,  from  the  very  beginning 
the  chanca  are  against  getting  a  favorable  decision  for  the 
workers.  The  chairman  ahnost  invariably  lines  up  with  the 
representative  of  the  employer." 

It  is  interesting  and  significant  that  hardly  any  of  the  Ca- 
nadian trade  unionists  advance  the  argument  heard  in  this 
country  against  President  Wilson's  measure— that  such  a  law 
means  compulsory  servitude  for  the  wage-earners.     On  the 
contrary,  most  of  them  approve  of  the  principle  of  the  law 
and  direct  their  criticism  purely  against  administrative  de- 
tects.   Their  objections  are  chiefly  that  the  minister  of  labor 
has  refused  to  appoint  a  board  on  one  or  two  occasions  upon 
the  apphcation  of  a  local  union ;  that  delays  have  often  char- 
acterized the  appointment  and  the  hearings  of  the  boards;  and 
tiiat  It  is  difficult  for  them  to  secure  a  favorable  decision. 

Procedure  Under  the  Act— Conciliation 

To  understand  the  objections  of  organized  labor  in  Canada 
we  ought  to  know  the  nature  of  the  procedure  under  the  act' 
Contrary  to  the  common  conception  in  this  country  the  dis- 
putes act  ha5  operated  not  as  a  "compulsory  investigation,"  but 
as  a  concihation"  measure.  That  is,  the  machinery  of  the 
law  IS  used  to  bring  together  the  opposing  parties  under  public 
auspices  and  to  adjust  their  difficulties.  The  compulsory 
featur^  of  the  act  which  impose  a  penalty  for  violation  and 
the  definite  rules  of  procedure  have  not  been  emphasized  in  its 

8 


administration.  For  this  reason,  the  use  of  stenographers  at 
the  hearings  held  in  the  presence  of  the  boards  has  always  been 
discouraged. 

"Experience  in  the  administration  of  the  act,"  says  the  reg- 
istrar of  the  boards  appointed  under  the  act,  in  one  of  his  re- 
ports, "has  appeared  to  show  that  it  is  more  effectively  operated 
when  freed,  so  far  as  possible,  from  the  formal  procedure  sug- 
gestive of  the  ordinary  judicial  court.  The  taking  of  sworn 
evidence  with  stenographer's  report  has  been  particularly  dis- 
couraged as  having  proved  far  from  conducive  to  an  amicable 
adjustment  of  difficulties.  .  .  .  The  most  obvious  virtue  of  the 
act  lies  ...  in  bringing  the  parties  together  before  three  fel- 
low-citizens of  standing  and  repute  .  .  .  where  a  free  and 
frank  discussion  of  the  differences  may  take  place  and  the  dis- 
pute may  be  threshed  out.  .  .  .  Granting  that  such  discussion 
and  investigation  take  place  before  a  strike  or  lockout  has  been 
declared  and  that  the  board  acts  with  proper  discretion  and 
tact,  the  chances  are  believed  to  be  largely  in  favor  of  an  ami- 
cable adjustment.  ..." 

The  minister  of  labor  prefers  to  have  the  law  operate  as  a 
flexible,  conciliation  measure.  He  has  taken  the  position  that 
he  will  not  establish  a  board  when  the  cause  of  the  dispute  is 
the  desire  for  recognition  of  a  union  on  the  part  of  the  em- 
ployes. He  will  not  grant  one  when  the  workers  of  several 
employing  companies  apply  for  one,  and  when  these  companies 
will  not  agree  upon  a  joint  representative;  and  in  cases  where 
two  unions  may  be  organized  and  struggling  for  supremacy, 
if  one  of  these  organizations  objects  to  such  procedure. 

The  conciliatory  spirit  and  flexible  manner  in  which  the  act 
has  been  administered  has  probably  been  responsible  for  the  de- 
lays of  which  organized  labor  complains.  The  official  reports 
of  the  Canadian  Department  of  Labour  indicate  that  at  times 
long  periods  have  elapsed  between  the  application  for  boards, 
their  constitution  and  the  rendering  of  their  reports. 

Ninety  per  cent  of  the  boards  established  have  been  applied 
for  by  employes,  whose  usual  custom  is  to  recommend  their 
representative  in  the  application.*  Under  the  law,  five  days  are 
given  to  the  employers  for  the  nomination  of  their  representa- 
tive. Five  additional  days  are  allowed  the  two  members  so  ap- 
pointed to  select  a  chairman.  The  board  should  be  completely 
established  within  fifteen  days  after  receipt  of  application.  The 
minister  of  labor  has  discretionary  power  to  extend  the  length 
of  these  periods  and  generally  does  so. 


*  See  table  1,  p.  30. 


IK 


^'1 


Thus  of  the  161  boards  that  have  been  constituted  in  the 
last  nine  years,  only  sixty  were  established  within  the  fifteen 
days.  It  took  between  sixteen  and  thirty-one  days  for  sixty- 
six  and  between  thirty-one  and  forty-six  days  for  twenty-one 
boards  to  be  constituted.  For  six  boards,  between  forty-six 
and  sixty-one  days,  and  for  eight  boards,  more  than  sixty-one 
days  elapsed.* 

The  workers  think  their  cause  suffers  also  from  long  periods 
elapsing  between  the  application  for  boards  and  the  filing  of 
their  reports.     For  only  twelve,  or  about  8  per  cent  of  the 
disputes,  was  this  period  less  than  thirty-one  days;  for  forty 
it  was  thirty-one  to  forty-six  days;  for  thirty-six,  between  forty- 
six  and  sixty-one  days;  for  eighteen,  between  sixty-one  and 
seventy-six  days.     For  an  additional   twenty-two,   between 
seventy-six  and  ninety-one  days;  and  for  thirty,  or  about  19 
per  cent  of  the  cases,  more  than  ninety-one  days,  or  three 
months,  were  consumed  between  the  application  for  a  board 
and  the  rendering  of  the  final  report.     For  three  cases  this 
information  is  not  available.! 

In  reply  to  the  complaints  of  organized  labor  with  reference 
to  these  delays,  officials  of  the  Department  of  Labour  main- 
tain that,  considering  the  vast  distances  over  which  they  have 
to  operate,  the  boards  arc  appointed  quite  promptly.  If  delays 
do  occur,  they  are  in  accordance  with  the  conciliatory  spirit 
in  which  the  act  is  administered. 

Files  in  the  department  show  that  employers  very  frequently 
delay  the  procedure  by  asking  for  extensions  of  time.  "But 
we  don't  want  to  ride  rough-shod  over  a  company,"  explained 
a  prominent  official  of  the  department.  "If  they  say  that  they 
will  not  appoint  a  representative,  we  tell  them  they  must  do 
so,  and  we  try  to  reason  with  them  that  they  should  comply 
with  the  law.  If  they  ask  for  an  extension  of  time,  we  grant 
it  to  them  and  try  to  hurry  the  proceedings  on  as  fast  as  pos- 
sible." 

How  far  these  delays  constitute  a  real  grievance  should  be 
indicated  to  some  extent  by  the  character  of  the  reports,  when 
they  are  finally  rendered.  They  should  also  show  whether, 
as  many  trade  union  officials  contend,  it  is  difficult  for  labor  to 
secure  a  favorable  report  because  of  the  bias  of  the  chairman, 
who,  according  to  them,  is  chosen  almost  always  by  the  minis- 
ter of  labor. 


*  See  table  4,  p.  33. 
t  See  table  5,  p,  33. 


10 


For  the  nine-year  period  ending  March  31,  1916;  there  were 
altogether  161  fully  established  boards  which  conducted  hear- 
ings.* In  ninety-two  of  these  disputes,  or  over  one-half,  the 
reports  were  unanimous.  In  only  thirty-five  cases  did  the 
employes'  representative  dissent  from  the  majority  report,  and 
in  twenty,  the  employers'  representative  dissented.  In  three 
cases  both  dissented  from  certain  features  of  the  reports,  and 
in  the  remaining  eleven  either  no  decision  was  rendered  or  the 
nature  of  the  report  is  not  clearly  indicated.! 

This  record  seems  to  show  that  the  unions  need  to  revise 
their  claim  that  it  has  been  difficult  for  them  to  secure  favor- 
able decisions. 

In  only  twenty  cases  did  strikes  occur  or  continue  after  the 
dispute  had  come  within  the  scope  of  the  act.^  In  some  in- 
stances, moreover,  a  basis  of  collective  bargaining  has  been 
established  between  employers  and  their  men,  leading  to  the 
signing  of  long-term  agreements. 

Nor  is  it  correct  to  say  that  the  representatives  of  em- 
ployers and  employes  usually  fail  to  agree  on  the  third  person 
to  be  nominated  as  chairman,  thus  leaving  the  choice  to  the 
minister  of  labor.  In  nearly  one-half,  or  seventy-five,  of  the 
161  boards  which  were  fully  established,  the  appointment  was 
made  on  the  recommendations  of  the  two  other  members  of  the 
board.  §  Although  the  proportion  of  failures  to  agree  on  the 
nomination  of  chairmen  seems  large,  the  facts  do  not  seem  to 
bear  out  the  contention  that  the  administration  of  the  act  has 
injured  organized  labor  in  Canada  to  any  great  extent. 

So  far,  however,  we  have  been  considering  the  success  of  the 
act  on  the  sole  basis  of  those  disputes  which  have  been  referred 
to  it.  It  is  here  that  the  greatest  danger  of  error  lies. 
Most  comments  in  this  country  on  the  operation  of  the  act  are 
based  on  the  reports  of  the  registrar  of  the  boards.  But  these 
documents  contain  an  account  mainly  of  those  disputes  which 
have  been  referred  for  adjustment  under  the  act;  they  do  not 
give  the  complete  facts  about  the  frequency  and  the  importance 
of  all  the  strikes  which  have  occurred  in  those  industries  com- 
ing within  its  scope.    For  this  information  we  must  go  to  the 

•  The  total  number  of  applications  for  boards  has  been  191.  In  twenty-two 
cases  no  boards  were  established;  in  eight  they  were  partially  established. 
See  table  2,  p.   31. 

t  See  table  6,  p.  34. 
i  See  table  10,  p.  38. 
§  See  table  3,  p.  32. 

11 


r  • 


1^'"'  7T'  °V'"'"^  ""''  '°'='^°"ts  (covering  the  years  1901- 

ord^n?;nri*"ri  """  established  fn  1900  and  has  kept  a  rec- 
»  xvxdrcii  oi,  lyio.    iJecause  of  war  condit  om  thprp 

iviarcn  :(1,  1916)  and  none  of  them  has  been  serious     The 
disputes  act  became  a  law  on  March  22,   19oT  Td  it  fe 
herefore,  possible  to  compare  the  import;„ce  of  strte    „' 

On  T^  T°'^  ''^^°"  ='"'*  '^'"  its'operation  '" 

Une  difficulty  must  necessarily  be  encountered  in  usine  the 

comparative  figures  of  the  period  before  and  after  "he  act^! 

xtr  the~:u  f  T^- ''  -'^  ^» "-  -poSir;::; 
last  nt  ;;:r:  o:;-  H  cTtiS  r;  th^  "^^zr^^.  ■■"  '"^ 

a^lal^dtrtrTr  -^f  ^-  -'^^"  "-  "^-=^ 
rSt  ve  bTJ        ^'T""'^^'  "  ^°""  *"=  "^"al  methods 

hi  Z?^   .•       "f^^u  "°*  """""^  """^^  J-^^-^  been  called  by 
htae  "f^'h""":.'^  *^  ''\'^^^  "°t  Provide  a  simple  ma- 
must  S  bo  nfn  mtn-V-^  '''?'^"'*'^-     "Tbese  questions 
"a^  LlJ^r    .  K,   u  '."i"<'g'"g  the  degree  to  which  this  law 
has  helped  to  establish  mdustrial  peace  in  Canada. 

rhe  particular  problem  for  which  the  act  was  devised  w« 
industrial  unrest  in  coal  mines      Tn  ^Qf^f,  i  , 

prairies  were  facing  the  danger  of  freezing  to  death      Th! 

12 


The  act  was  thus  devised  with  particular  reference  to  strikes 
in  coal  mines.  A  very  important  test  of  its  efficacy  is,  there- 
fore, its  success  in  diminishing  the  social  cost  of  industrial  dis- 
turbances in  this  industry. 

The  period  during  which  the  act  has  been  in  operation  has 
been  practically  simultaneous  with  the  one  in  which  the  United 
Mine  Workers  have  attempted  to  extend  their  organization 
in  the  important  coal  fields  of  Canada.  These  coal  areas  are 
the  Crowsnest  Pass  region,  which  embraces  the  southwestern 
portion  of  Alberta  and  the  eastern  portion  of  British  Colum- 
bia; Vancouver  Island,  on  the  extreme  western  end  of  British 
Columbia;  and  Nova  Scotia,  the  extreme  eastern  portion  of 
the  Dominion.  From  the  point  of  view  of  production  the  east- 
em  and  western  coal  fields  are  aknost  of  equal  importance,  but 
from  the  point  of  view  of  consumption  a  strike  in  the  western 
coal  fields  causes  much  greater  suffering  than  does  one  in  Nova 
Scotia.  The  winters  are  much  colder  and  the  per  capita  con- 
sumption of  coal  higher  in  the  western  provinces.  The  trans- 
continental railroads  are  largely  dependent  on  these  western 
mines  for  their  fuel;  without  them,  it  would  be  almost  im- 
possible to  move  the  large  wheat  crops,  the  chief  asset  of  the 
Dominion. 


Serious  Strikes  in  the  West 

It  is  in  this  western  district,  the  Crowsnest  Pass  region,  that 
the  most  serious  coal  strikes  have  taken  place,  both  before  and 
after  the  act  was  passed.  The  United  Mine  Workers  of 
America  entered  Canada  in  1902  and  began  organizing  the 
miners  in  this  region.  In  1906  the  first  strike,  under  their 
auspices,  the  one  which  resulted  in  the  passage  of  the  disputes 
act,  was  called. 

The  agreement  which  brought  this  strike  to  an  end  expired 
on  April  1,  1907.  On  April  9,  these  western  miners  applied 
for  a  board,  and  on  April  16,  while  it  was  being  constituted, 
they  struck,  this  being  the  first  violation  to  be  charged  against 
them.  The  board  could  do  very  little,  but  the  deputy  min- 
ister was  again  instrumental  in  bringing  about  a  settlement. 
An  important  coal-mining  strike  also  occurred  in  Nova  Scotia 
— not  under  the  auspices,  however,  of  the  United  Mine 
Workers — over  rates  of  pay.  The  total  time  losses  for  strikes 
in  coal  mines  for  the  year,  the  first  after  the  act  was  passed, 

13 


m 


-s 


cd 

C         O 

.S        ^ 


(0 


«*^  1-1  "* 

•a  (d  o 

M      C      CO 

S  CO  V 


I 


^ 


o  *-» 


ia 

o       • 

«   O   li* 

4  •  0 


•^  if\    m     K>  CD     ITS    r^ 


UN    as 

UN         ~ 


0\    vq 


I 


4»  Vl 


29.5      ^SIO^'^^-♦^ff»♦^<I^^■ 


CO 


CA 


OB 


CO 


rs      CO 


CO 

4: 


o 


09 


to 


14 


amounted  to  188,360  days  or  30.3  per  cent  of  the  total  days 
lost  in  all  strikes  in  Canada  for  the  year.* 

An  agreement  was  signed  in  the  Crowsnest  Pass  region  for 
two  years,  but  when  it  expired  in  March,  1909,  a  strike  was 
again  called  "over  the  renewal  of  the  working  agreement  in 
which  were  involved  certain  fine  points  of  recognition  rela- 
ting to  collection  of  union  dues" — the  check-off,  in  other 
words.  Here  the  use  of  the  act  was  not  invoked  until  the 
strike  had  been  on  more  than  a  month,  and  for  the  second 
time  the  miners  violated  the  act.  Neither  party  accepted  the 
report  of  the  board,  but  after  being  out  on  strike  for  three 
months,  the  men  returned  to  work  and  an  agreement  extend- 
ing to  March  31,  1911,  was  signed. 

In  this  same  year,  1909,  the  United  Mine  Workers  en- 
tered into  a  struggle  to  gain  recognition  in  Nova  Scotia.  In 
this  province  there  had  been  for  a  long  time  a  local  organiza- 
tion of  miners  known  as  the  Provincial  Workmen's  Associa- 
tion, and  it  appears  that  the  strike  resulted  in  a  fight  for  su- 
premacy between  the  two  unions,  with  the  operators  favoring 
the  local  rather  than  the  international  organization. 

The  strike  was  centered  in  three  places.  Glace  Bay,  Spring- 
hill  and  Inverness.  In  the  first  two  places  the  men  applied 
for  boards  before  they  ceased  working,  but  in  Inverness  the 
act  was  completely  ignored.  In  the  latter  place  the  strike 
lasted  for  some  months,  at  Glace  Bay  from  July,  1909,  to 
April,  1910,  and  at  Springhill  from  August,  1909,  to  May, 
1911,  a  period  of  almost  two  years.  In  all  three  of  these 
places  riots  occurred  and  "troops  were  stationed  for  a  consid- 
erable time  at  each  point."  The  United  Mine  Workers  were 
defeated  in  this  fight  for  recognition,  but  these  serious  strikes 
conducted  by  them  were  mainly  responsible  in  1909  for  over 
four-fifths,  and  in  1910  for  over  one-half,  of  the  total  time 
losses  of  each  year. 

On  March  31,  1911,  the  agreement  signed  in  1909  between 
the  United  Mine  Workers  and  the  operators  of  the  Crows- 
nest Pass  region  expired,  and  7,000  miners  went  out  on  strike 
again  without  applying  for  a  board  until  the  strike  had  been 
on  for  some  time.     "The  crucial  point,  as  in  1909,  was  the 


*  It  IS  the  number  of  men  involved  and  the  time  wasted  that  make  a  strike 
costly.  The  Canadian  Department  of  Labour  has  reached  a  composite  and 
most  satisfactory  measurement  by  multiplying  the  number  of  days  in  which 
the  particular  industry  was  idle  by  the  number  of  men  on  strike,  and  has 
thus  worked  out  what  might  be  called  "men-days"  or,  as  they  are  termed  in 
the  Canadian  reports,  "working  days"  lost.  For  data  given  in  this  and  suc- 
ceeding paragraphs  dealing  with  strikes  in  coal  mines  see  table  9,  p.  27. 

16 


'check-off.'  "  This  strike,  together  with  the  one  that  was  pro- 
longed from  1909  in  Springhill,  N.  S.,  and  a  few  minor  ones, 
made  the  total  time  losses  in  1911  for  strikes  in  coal  mines 
1,592,800  working  days,  or  78.9  per  cent  of  all  the  workmg 
days  lost  in  all  strikes  occurring 'during  the  year. 

On  September  16,  1912,  the  disputes  act  was  completely 
ignored  and  a  struggle  began  between  the  United  Mine  Work- 
ers and  the  mine  operators  of  Vancouver  Island.  The  chief 
demand  was  "recognition."  This  strike  was  not  called  off 
until  August  19,  1914,  nearly  two  years  later.  As  in  Nova 
Scotia,  the  United  Mine  Workers  appear  to  have  been  de- 
feated, but  mainly  because  of  this  strike  over  half  a  million 
working  days  were  lost  in  1913,  or  45.7  per  cent  of  all  the 
working  days  lost  in  all  of  the  strikes  occurring  during  the 

year. 

Thus  the  act  does  not  seem  to  have  an  effective  hold  on  the 
coal-mining  industry  of  Canada.  During  1916  some  half- 
dozen  strikes  occurred  in  mines  distributed  over  practically  all 
of  the  coal  fields  of  Canada.  In  only  one  case  was  the  dispute 
referred  to  a  board  for  adjustment.  In  the  Crowsnest 
Pass  region,  in  spite  of  the  fact  that  the  agreement  signed 
between  the  miners  and  operators  did  not  expire  until  March, 
1917,  they  struck  twice  last  year,  in  complete  defiance  of 
the  act,  for  a  "war  bonus"  because  of  the  abnormal  rise  in  the 

cost  of  living. 

In  all  for  the  six-year  period  before  the  act  was  passed  thirty- 
eight  strikes  are  recorded  in  coal  mines,  involving  an  aver- 
age loss  per  year  of  121,332  days  or  26.4  per  cent  of  all  the 
working  days  lost  in  all  strikes.  In  the  nine-year  period 
subsequent  to  the  passing  of  the  act,  coal  miners  struck 
thirty-seven  times,  involving  an  average  loss  per  year  of  419,- 
224  days,  or  46.9  per  cent  of  all  the  working  days  lost  in  all 
strikes.  Thus  in  the  latter  period,  in  spite  of  the  act,  the 
average  loss  per  year  of  working  days  in  coal-mining  strikes 
is  about  three  and  one-half  times  as  great  as  before  the  law 
was  passed,  and  the  proportion  of  that  total  to  all  working 
days  lost  in  all  strikes  almost  doubled. 

The  Act  a  Failure  in  Coal-Mining 

If  we  consider  only  the  coal-mining  industry,  the  conditions 
of  which  gave  rise  to  the  act,  it  has  clearly  failed  to  accom- 
plish its  purpose  of  averting  strikes. 

What  proportion,  it  will  be  asked  in  criticism,  do  the 
miners  constitute  of  the  workers  of  Canada?     If  it  is  large, 

17 


I 


it  should  not  be  surprising  that  the  mining  industry  is  respon- 
sible for  about  one-half  of  the  social  cost  of  strikes.  Unfor- 
tunately, the  Canadian  census  does  not  give  us  this  proportion 
each  year.  But  it  does  give  it  for  the  years  1901  and  1911, 
and  the  facts  show  very  clearly  how  serious  the  problem  of 
industrial  unrest  has  been  in  the  coal  mines  of  Canada.  In 
1901,  2.1  per  cent  and  in  1911,  2.4  per  cent  of  the  total  gain- 
fully occupied  population  were  engaged  in  mining  (both  coal 
and  metal).  In  other  words,  while  the  miners  have  consti- 
tuted only  about  one-fiftieth  to  one-fortieth  of  the  gainfully 
occupied  population,  and  while  this  proportion  has  been  nearly 
constant,  they  have  been  responsible  for  more  than  one-fourth 
of  the  working  days  lost  in  industrial  disputes  during  the 
period  1901  to  1907,  and  for  nearly  one-half  of  the  working 
days  lost  during  the  period  1907  to  1916. 

The  facts  show  that  there  have  been  strikes,  and  that  there 
have  been  serious  strikes  in  the  coal  industry  in  the  period 
during  which  the  act  has  been  in  operation.  Although  the 
act  was  intended  primarily  to  prevent  strikes  in  coal  mines,  it 
appears  that  it  has  failed  to  remove  this  sore  spot  from  the  in- 
dustrial organism  of  Canada.  But  before  reaching  a  definite 
conclusion  on  the  basis  of  these  facts,  the  difficulty  of  meas- 
uring the  results  of  such  a  piece  of  legislation  should  be  borne 
in  mind.  Might  there  not  have  been  more  strikes  and  more 
serious  ones  but  for  the  act?  As  a  partial  answer  there  is  the 
fact  that  Nova  Scotia,  where  as  much  coal  is  mined  as  in  the 
western  coal  area,  has  been  comparatively  free  from  serious 
strikes  with  the  exception  of  the  period  during  which  the 
United  Mine  Workers  were  active  in  that  province.  It 
should  also  be  recalled  that  this  union  conducted  an  extensive 
campaign  of  organization  in  Canada  during  the  years  1903 
to  1914.  There  is  the  additional  fact  that  the  Provincial 
Workmen's  Association,  which  has  about  5,000  miners  in  its 
membership,  has  observed  the  law  and  has  worked  under 
agreements,  adopted  as  a  result  of  the  sitting  of  boards,  in  dis- 
putes between  them  and  the  coal  operators.  There  is,  how- 
ever, also  the  fact  that  this  organization  always  discouraged 
strikes  even  before  the  act  was  passed,  and  for  this  reason  many 
of  its  members  left  it  in  1909  to  join  the  ranks  of  the  United 
Mine  Workers. 

Railroads  and  Other  Public  Utilities 
In  Canada,  as  in  this  country,  there  have  been  few  serious 
strikes  on  railroads.    Only  one  may  be  charged  to  the  railroad 

18 


brotherhoods  during  the  last  sixteen  years,  and  that  was  called 
in  1910,  three  years  after  the  act  was  passed,  when  the  train- 
men and  conductors  on  the  Grand  Trunk  rejected  the  major- 
ity report  signed  by  their  own  representative.  The  railroad 
telegraphers  have  not  struck  once  during  this  period,  and  the 
maintenance-of-way  employes  conducted  one  serious  strike  in 
1901,  six  years  before  the  statute  was  passed. 

So  unimportant  has  been  the  problem  of  railway  disputes 
in  Canada  that,  when  the  first  draft  of  the  act  was  intro- 
duced in  Parliament,  it  did  not  include  the  railroads  within 
its  scope.  Since  the  passage  of  the  act,  it  is  true  that  there 
have  been  seventy-five  applications  for  boards  in  railway  dis- 
putes, and  in  only  six  of  these  cases  have  strikes  occurred. 
The  question  naturally  arises,  would  the  brotherhoods  have 
called  strikes  more  frequently  had  not  boards  helped  to  adjust 
the  difficulties  ensuing  between  them  and  their  employers? 
This  is  not  an  easy  question  to  answer,  and  yet  it  is  fundamen- 
tal. It  is  true  also  that  the  applicants  must  make  a  statement, 
when  asking  for  a  board,  that  if  the  dispute  is  not  referred  to 
a  board  or  adjusted  by  it,  a  strike  or  lockout  will,  to  the  best 
of  their  knowledge,  take  place.  Does  this  mean  that  sixty- 
nine  railway  strikes  have  been  averted? 

It  is  conceivable,  in  the  first  place,  that  employers  reluctant 
to  grant  the  demands  of  their  men  would  refer  them  to  the  act, 
without  going  through  the  complete  process  of  collective  bar- 
gaining with  them.  In  fact  this  is,  as  we  have  seen,  one  of  the 
chief  complaints  of  the  strong  unions.  In  the  second  place, 
few  strikes  occurred  in  the  railroads  prior  to  the  enactment 
of  the  law.  Finally,  there  is  the  fact  that  freight  handlers 
and  other  unskilled  and  more  or  less  unorganized  workers 
employed  by  the  Canadian  railways  have  struck  in  violation 
of  the  act.  Thus  we  find  that  during  the  last  nine  years  (i.  e., 
1907  to  1916)  freight  handlers  have  called  sixteen  strikes.  In 
only  three  instances  did  they  apply  for  boards  and  that  was 
after  they  had  struck. 

Most  of  the  representatives  of  the  railroad  employes  inter- 
viewed thought  that  it  was  not  the  act  which  was  responsible 
for  the  maintenance  of  industrial  peace  on  the  railroads  of 
Canada,  but  rather  the  reluctance  of  the  brotherhoods  to  strike. 

"I  know  that  in  the  annual  reports,"  remarked  a  representa- 
tive of  the  locomotive  engineers,  "the  Department  of  Labour 
says  that  so  many  disputes  have  been  referred  to  boards  and 
strikes  averted,  but  that  gives  a  wrong  impression.    As  a  mat- 

19 


I 


ter  of  fact,  as  far  as  I  can  remember,  since  I  have  been  in  our 
organization,  it  never  had  a  strike,  even  before  the  act  was 
passed.  It  can't  be  said  that  there  would  be  strikes  if  the 
statute  did  not  exist.  The  railroad  brotherhoods  will  go  to 
any  limits  before  calling  a  strike.  We  are  constantly  securing 
new  agreements  without  applying  for  boards." 

Similarly  most  of  them  contended  that  negotiations  between 
them  and  the  railroad  companies  would  result  in  the  securing 
of  agreements  did  no  legislation  exist.  The  act  for  them  has 
merely  offered  the  machinery  of  collective  bargaining  differ- 
ent in  form,  but  similar  in  spirit,  to  their  usual  practice  before 
it  was  passed. 

Street-car  strikes  show  a  decrease  from  ten  for  the  period 
1901  to  1907  to  four  for  the  period  1907  to  1916.    As  there 
have  been  twenty-one  disputes  referred  to  boards  from  this 
industry,  and  in  only  two  instances  did  strikes  follow,  it  does 
seem  that  the  act  has  been  successful  in  averting  this  serious 
and  disastrous  type  of  dispute.     Longshoremen  called  twelve 
strikes  during  the  first  period  and  fourteen  during  the  second. 
The  reports  of  the  Department  of  Labour  show  for  the  first 
period — that  is,  before  the  act  was  passed — that  60,  or  8.4 
per  cent  of  all  disputes  in  all  industries  during  that  time  oc- 
curred in  the  industries  grouped  under  the  heading  "general 
transport"    (including    railway   employes,    freight    handlers, 
longshoremen,  coal  handlers,  teamsters  and  others  commonly 
employed  in  transportation).     These  involved  an  average  loss 
of  68,684  working  days  per  year,  or  15  per  cent  of  all  the 
working  days  lost  in  all  strikes.     For  the  period  after  the  act 
was  passed,   these  reports  give  for  the  same  industries  74 
disputes,  or  9.6  per  cent  of  all  occurring  during  the  last 
nine  years,  involving  an  average  loss  of  87,776  working  days, 
or  9.8  per  cent  of  all  working  days  lost  in  all  disputes.     If  we 
should     include     strikes     in     railway     construction     work 
(a  class  of  work  to  which  the  act  has  not  yet  been  applied, 
but  which  is  nevertheless  a  public  utility)  the  proportion  of 
working  days  lost,  while   remaining  the  same  for  the   first 
period,   risqs  in   the  second   to    15.7   per  cent  of   the   total 
time  losses  in  all  strikes.     Considering  the  fact  that  the  pro- 
portion of  Canadian  workers  engaged  in  transportation  in- 
creased from  4.8  to  9  per  cent  between  1901  and  1911,  we  find 
that  the  proportion  of  days  lost  from  strikes,  after  the  act 
was  passed,  actually  decreased.* 


Results  Among  Public  Utilities 

To  summarize  for  all  public  utilities,  108,  or  15.1  per  cent 
of  the  716  disputes  recorded  between  January  1,  1901,  and 
March  22,   1907,  the  period  before  the  act  was  passed,  oc- 
curred in  those  industries  coming  within  its  definition.     Be- 
tween 1907  and  1916,  the  period  during  which  the  statute 
has  been  in  operation,   127,  or  16.5  per  cent  of  the  total  of 
768  disputes  occurred  in  these  industries.    Not  only  was  there 
a  slight  increase  in  the  proportionate  number  of  disputes,  but 
working  days  lost,  the  best  measurement  of  the  price  the  public 
pays  for  strikes,  show  a  much  greater  increase.     For  the  first 
period  the  average  loss  of  working  days  per  year  due  to  strikes 
on  public  utilities  was  201,502,  or  43.9  per  cent  of  the  total 
time  losses  in  all  industrial  disputes.     For  the  second  period 
the  average  loss  of  working  days  was  581,936  (including  rail- 
way construction),  or  65.1  per  cent  of  the  total  time  losses  in 
all  disputes.* 

Thus  even  when  allowance  is  made  for  an  increase  in  the 
proportion  of  workers  employed,  the  social  cost  of  strikes  on 
public  utilities  has  not  been  materially  reduced.  The  analysis 
of  these  figures  shows  that  there  has  been  a  marked  increase  in 
loss  of  time  through  strikes  on  coal  mines.  Transportation 
before  1907  and  since  that  time  has  been  comparatively  free 
from  industrial  disturbances. 

Violations  of  the  Act 

As  a  voluntary  conciliation  measure,  the  act  has  been  very 
successful,  but  the  most  serious  indictment  against  it  as  a 
"compulsory  investigation"  act  has  been  the  failure  to  impose 
penalties  for  violations.  As  we  have  already  seen,  strikes  were 
not  averted  or  ended  in  twenty  or  about  one-tenth  of  the  total 
191  applications  made  for  boards,  but  the  most  serious  and  im- 
portant strikes  occurring  in  the  coal  industry  have  been  illegal ; 
that  is,  cessation  of  work  took  place  either  before  applying  for 
boards  or  during  proceedings  or  without  invoking  the  act. 

The  Canadian  act  is  a  compulsory  one  mainly  because  pen- 
alties are  provided  for  the  calling  of  such  illegal  strikes,  and 
the  essential  test  of  any  compulsory  law  is  the  extent  to  which 
it  is  enforced.  Yet  it  is  in  this  very  important  aspect  that 
the  act  has  failed  as  a  compulsory  measure.  The  railway  labor 
organizations  are  the  only  ones  who  have  strictly  observed  the 
law.     In  their  efforts  to  organize  the  coal  miners  of  Can- 


*  See  table  7,  p.  35,  and  Uble  8,  p.  36. 

20 


*  See  table  7,  p.  35,  and  table  8,  p.  36. 

21 


ada,  the  United  Mine  Workers  have  conducted  their  most 
serious  and  costly  strikes  in  violation  of  it.    Freight  handlers 
and    other    unskilled    workers    have    frequently    ignored    it. 
Altogether,     approximately     eighty-four     strikes     on     public 
utilities    may    be    charged    up    as    illegal,    distributed    ap- 
proximately as  follows:  coal  mines  thirty-four;  metal  mines 
fourteen;  railroads  four;  freight  handlers  sixteen;  street  cars 
two;  longshoremen  fourteen.*    This  may  not  be  an  accurate 
estimate,  since  the  reports  do  not  list  strikes  as  illegal  and  the 
facts  can  only  be  inferred  from  the  data  in  two  separate  docu- 
ments.    That  the  violations  of  the  law  have  not  been  unim- 
portant can  best  be  seen  by  the  fact  that  the  legal  disputes  in 
coal  mines — the  industry  for  which  the  act  was  primarily  in- 
tended— involved,  on  the  average,  about  866  employes,  while 
the  illegal  strikes  involved,  on  the  average,  about  890  miners. 
"If  either  an  employe  or  an  employer  violates  the  law  by 
causing    a    strike    or    lockout    before    an    investigation    has 
been    held,"    commented    Victor    S.    Clark    in    1910,    after 
having  made  a  personal  inquiry  into  the  operation  of  the  act, 
"he  is  practically  immune  from  prosecution  unless  the  other 
party  to  the  dispute  brings  action  in  the  court  to  punish  him. 
In  the  districts  where  the  law  has  been  violated  or  evaded  in 
these  respects,  there  is  a  demand  by  the  party  that  has  suffered 
.    .    .   that  the  government  assume  their  prosecution.   .    .    . 
"This  situation  .   .   .  raises  an  important  question.  ...  If 
the  men  can  strike  with  impunity  in  disregard  of  the  law,  what 
is  the  value  of  the  latter  in  preventing  or  postponing  strikes? 
Will  the  act  not  fall  in  abeyance  except  in  those  minor  and 
less  acute  disputes  where  there  is  least  call  for  .    .    .  inter- 
vention?   Has  a  law  any  force  at  all  that  operates  only  by  the 
tolerance  of  law-breakers?     It  should  be  recognized  that  ex- 
pediency must  constantly  be  consulted  in  administering  such 
an  act,  but  it  would  seem  that  the  latter,  though  it  may  retain 
some  residuary  value  as  providing  convenient  machinery  for 
public  mediation,  must  lose  its  distinctive  character  and  its 
interest  as  experimental  legislation  unless  some  way  is  discov- 
ered to  secure  the  observance  of  the  clauses  deferring  strikes 
and  lockouts  until  an  investigation  is  made.     Unless  these 
clauses  are  enforced,  the  law  becomes  an  ordinary  conciliation 
act,  burdened  by  the  discredit  of  its  unenforced  provisions." 
The  Department  of  Labour  has  taken  the  position  that  it 
will  not  prosecute  for  violation  of  the  law.     The  registrar 
states  the  official  position  of  the  government  in  the  Canadian 
Law  Times  for  March,  1916: 


*  See  table  10,  p.  38. 


22 


"There  has  been  also,  in  industries  coming  under  the  act, 
a  considerable  number  of  strikes  in  disputes  which  have  not 
gone  before  a  board  for  investigation.  Work  ceased  in  these 
cases  without  regard  to  the  act.  Many  of  the  serious  coal- 
mining strikes  in  western  Canada  during  recent  years  have 
occurred  in  this  way. 

"What,  it  may  be  asked,  becomes  of  the  penalties  prescribed 
for  these  apparent  infringements  of  the  statute?  The  reply 
must  be  that  such  cases  have  seldom  gone  to  the  courts.  It 
has  not  been  the  policy  of  the  successive  ministers  under  whose 
authority  the  statute  has  been  administered  to  undertake  the 
enforcement  of  these  provisions.  The  parties  concerned,  or 
the  local  authorities,  have  laid  information  occasionally,  and 
there  have  been  in  all  eight  or  ten  judicial  decisions.  The 
mining  industry  has  been  the  chief  delinquent  in  the  matter  of 
infringements,  and  there  have  been  occasional  derelictions  on 
the  part  of  the  lower  grades  of  transport  or  shipping  labour ; 
in  the  higher  grades  of  railway  labour  the  act  has  been  well 
observed." 

Several  prominent  Canadians  were  asked  why  the  United 
Mine  Workers,  who  have  been  responsible  for  the  most  serious 
violations  of  the  act,  have  not  been  prosecuted.  One  of  them, 
referring  to  the  situation  in  the  Crowsnest  Pass  region,  gave 
a  typical  reply. 


"In  a  case  of  this  kind,"  he  said,  "the  act  is  powerless ;  what 
can  you  do?  Here  are  about  6,000  men,  most  of  them  for- 
eigners. They  don't  understand  the  act.  They  don't  care 
for  it.  What  are  you  going  to  do  ?  Fine  them  ?  Well,  they 
won't  pay.  Put  them  in  jail — if  you  could  ?  The  coal  won't 
be  mined.  As  far  as  I  can  see,  any  legislation  in  the  world 
wouldn't  prevent  a  strike  from  occurring  under  these  circum- 
stances." 

A  former  minister  of  labor,  on  the  other  hand,  when  asked 
concerning  the  government's  policy  in  this  particular,  replied 
that  violations  of  the  law  could  have  been  dealt  with  by  one 
of  two  methods.  "One  method,"  he  wrote,  "would  have  been 
to  declare  illegal  any  organization  which  wilfully  committed 
crimes  against  the  public;  the  other,  to  allow  the  offenders  to 
see  the  folly  of  a  wrongful  method  of  procedure  in  the  hope 
that  by  a  process  of  education  they  would  be  led  to  see  the 
lack  of  wisdom  of  taking  the  unlawful  course,  and  of  volun- 
tarily coming  to  adopt  a  right  one.  We  preferred  to  follow 
the  second  method,  and  I  think  we  have  been  justified  in  so 
doing  by  the  results.  The  strikes  that  were  brought  on  ille- 
gally for  the  sake  of  forcing  recognition  were,  I  believe,  with- 

23 


out  exception,  all  failures;  all  were  lost  at  great  cost  to  the 
men,  the  organization  and  the  industry.  This  fact  once  it 
becomes  appreciated  by  labor  is  likely  to  be  more  salutary  in 
preventing  a  repetition  of  trouble  from  such  a  cause  than  an 
enforcement  of  penalty  clauses." 

The  records  of  the  Department  of  Labour  show,  up  to 
March  12,  1915,  only  eight  prosecutions.  These  have  been 
relatively  unimportant  ones.  Three  were  against  employes  of 
metal  mines,  an  industry  in  which  a  strike,  under  ordinary 
circumstances,  does  not  cause  much  suffering.  Two  were 
against  operators  of  small  coal  mines  for  illegally  declaring  a 
lockout.  One  case,  in  which  three  coal  miners  were  charged 
with  aiding  in  calling  an  illegal  strike,  was  dismissed.  In  an- 
other, at  Inverness,  N.  S.,  a  union  official  was  convicted  for 
giving  strike  benefits  to  the  men  who  had  ceased  working  with- 
out applying  for  a  board.  In  one  case,  four  miners  employed 
by  a  small  coal  company  were  each  fined  $40  and  costs  or 
thirty  days  in  jail. 

Penalties  Not  Enforced 

The  evidence  does  not  seem  to  show  that  an  extensive  at- 
tempt has  been  made  to  force  those  responsible  for  the  calling 
of  the  important,  illegal  strikes  to  pay  the  penalties  provided 
by  the  act. 

"The  government  has  never  laid  particular  stress  upon  the 
penalty  end  of  it,"  W.  L.  Mackenzie  King,  the  author  of  the 
law,  explained  in  1914  to  the  United  States  Commission  on 
Industrial  Relations,  "the  penalty  part  ...  has  always  been 
treated  in  much  the  same  light  as  penalty  for  trespass.  If  the 
party  afiFected  wishes  to  enter  an  action  to  recover  damages 
they  may  do  so.  .  .  . " 

The  analogy  between  the  penalties  provided  in  this  statute 
and  those  placed  in  a  trespass  law  does  not  appear  to  be  sound. 
A  trespass  law  is  framed  to  protect  the  individual  against  any 
infringements  that  may  be  made  on  his  property  rights.  The 
disputes  act  was  intended  to  protect,  not  an  individual  party, 
but  the  public  against  the  suffering  caused  by  strikes  on  public 
utilities.  A  violation  of  this  law  is  a  crime  against  the  public. 
The  person  guilty  of  such  a  violation  should  be  prosecuted 
at  the  instigation  of  the  public  authority  charged  with  the 
administration  of  the  act,  in  this  case,  the  Department  of 
Labour. 

"In  speaking  of  the  Canadian  act  as  a  failure  as  a  'com- 
pulsory investigation*  act,"  a  former  Canadian  official  writes 

24 


on  this  aspect  of  its  operation,  "the  alleged  failure  in  compul- 
sion is  put  down  to  the  non-enforcement  of  penalties,  whereas 
it  was  with  a  view  to  compelling  investigation  where  labor 
wished  investigation  as  a  means  of  securing  a  redress  of  wrong, 
and  not  to  compelling  penalties,  that  the  act  was  framed.  Let 
me  explain  the  circumstances  that  led  to  the  enactment  of  the 
compulsory  investigation  features  of  the  measure.  In  the  dis- 
pute in  Alberta  referred  to  in  the  report  [i.e.,  the  one  leading  to 
the  adoption  of  the  act],  we  spent  nearly  a  week  trying  to  get 
the  parties  together.  We  spent  nearly  another  week  finding  out 
from  each  what  they  were  prepared  to  do.  Meanwhile,  settlers 
and  others  were  freezing  in  their  homes.  We  had  no  powers 
other  than  that  of  a  voluntary  conciliator  to  fall  back  upon. 
Had  we  had  legislation  providing  powers  of  compulsory  in- 
vestigation, we  could  have  effected  in  two  days  what  took 
nearly  two  weeks.  It  was  this  experience,  and  similar  experi- 
ences in  other  strikes  which  made  us  seek  to  get  from  Parlia- 
ment powers  of  compulsory  investigation,  which  meant  to  labor, 
power  at  the  expense  of  the  State,  and  with  the  machinery  of 
the  State  back  of  it,  to  choose  its  own  investigator,  to  summon 
witnesses,  to  compel  the  production  of  documents,  to  take 
evidence  under  oath,  and  to  give  to  the  public  the  fullest  pos- 
sible kind  of  a  view  of  its  case,  including  any  injustices  under 
which  it  might  be  suffering.  This  is  the  really  important  com- 
pulsory investigation  feature  of  the  act,  not  the  penalties 
which  relate  to  strikes  and  lockouts.  Never  from  the  time 
the  act  was  passed  when  I  had  to  do  with  it  as  registrar  or 
as  minister  was  there  a  single  instance,  that  I  can  now  recall, 
in  which  when  this  compulsory  investigation  feature  was  in- 
voked on  behalf  of  labor,  that  it  was  not  enforceable  and  ap- 
plied. As  a  compulsory  investigation  act — that  is  to  say,  in- 
vestigation of  a  dispute  under  compulsion  at  the  request  of 
either  of  the  parties,  labor  or  capital — never  once  during  the 
Liberal  administration  did  its  provisions  in  this  particular 
fail,  and  where  investigation  took  place,  the  results  were  for 
the  most  part  not  only  beneficial  to  the  parties  but  very 
greatly  so  to  the  public  as  well.  I  think  the  same  has  been 
true  under  the  present  administration." 

Lessons  for  the  United  States 

In  this  country  the  common  conception  has  been  that  the 
Canadian  legislation  has  been  rigidly  enforced.  In  addition 
the  effectiveness  of  the  act  has  been  appraised  on  the  basis  of 
the  registrar's  reports  only  and  thus  opinion  has  been  based 
on  incomplete  data  regarding  the  prevalence  of  strikes  in  Can- 
ada. And,  finally,  it  has  not  been  tested  with  reference  to  the 
particular  problem  for  which  it  was  devised. 

25 


The  facts,  on  the  other  hand,  indicate  that  the  act  has  op- 
erated as  a  voluntary  conciliation  measure.  If  it  has  prevented 
the  occurrence  of  strikes  it  has,  therefore,  done  so  not  because 
it  restrained  workers  from  striking,  but  because  the  machinery 
afforded  by  it  enabled  men  with  personality  and  tact  to  bring 
employers  and  their  men  together  and  adjust  their  difficul- 
ties. In  addition,  serious  strikes  have  occurred  in  public 
utilities  since  the  act  was  passed.  As  to  the  test  of  whether 
it  has  met  the  particular  situation  for  which  it  was  intended, 
strikes  in  coal  mines  have  apparently  been  more  prolonged  and 
more  serious  in  the  last  nine  years  than  they  were  in  the  six- 
year  period  before  the  act  was  in  operation. 

It  is  Largely  on  the  basis  of  Canadian  experience  that  the 
strike  prevention  measure  of  President  Wilson  is  feared  so 
much  by  organized  labor  and  endorsed  so  heartily  by  most 
public  men.  But  the  Canadian  act  has  not  operated  in  the 
manner  imagined  by  them,  and,  therefore,  does  not  throw 
much  light  either  on  the  fears  of  the  former  or  the  hopes  of 
the  latter.  It  certainly  has  not  meant  compulsory  servitude 
for  the  workers  of  Canada.  There  the  workers  do  not  object 
to  the  principle  of  the  act.  They  criticize  the  manner  in 
which  it  has  been  administered;  and  this  criticism  appears  to 
be  by  no  means  unanimous  or  entirely  justified  by  the  facts 
covering  the  general  operations  of  the  law. 

As  for  our  editorial  writers,  public  officials  and  employers, 
Canadian  experience  hardly  justifies  their  enthusiasm  for  the 
essential  feature  of  the  proposed  measure — that  no  strike  or 
lockout  shall  legally  take  place  before  an  investigation  is  com- 
pleted.    In  Canada  this  compulsory  feature  has  been  a  dead 
letter  so  far  as  the  miners  and  unskilled  workers  are  con- 
cerned.   As  for  the  railroad  brotherhoods,  it  is  very  doubtful 
whether  it  is  necessary  to  restrain  them  from  striking  before 
the  completion  of  an  investigation.    Most  of  the  railroad  em- 
ployes stated  that  they  observed  the  law  not  because  they  were 
afraid  of  being  prosecuted,  fined,  or  imprisoned  but  because 
they  did  not  wish  to  appear  as  law  breakers  in  the  eyes  of  the 
community  and  thus  antagonize  public  opinion.     "The  rail- 
road brotherhoods  like  to  have  the  reputation  of  being  law- 
abiding,  intelligent  citizens  and  it  is  for  this  reason  that  we 
have  observed  the  law,"  declared  a  representative  of  the  loco- 
motive firemen  and  enginemen.    In  other  words,  they  are  not 
opposed  to  public  investigation  but  they  are  not  greatly  influ- 
enced by  the  compulsory  features  of  the  law. 

26 


Professor  Adam  Shortt  was  chairman  of  eleven  boards  in  the 
first  two  years  after  the  act  was  passed.  In  every  one  of  these 
disputes  a  settlement  was  effected  and  he  has  the  repu- 
tation of  having  been  the  most  successful  chairman  appomted 
under  the  act.  In  his  opinion,  the  clauses  which  restram  the 
men  from  striking  pending  investigation  are  practically  un- 
necessary. 

"The  only  value  they  have,"  he  said  in  substance,  "is  that 
they  make  the  union  reluctant  to  fly  in  the  face  ot  public  opm- 
ion.  It  doesn^t  make  them  afraid  to  violate  the  law  because 
they  know  that  it  cannot  be  enforced.  But  the  same  thing 
could  be  gained  if  you  simply  provided  the  machinery  for  in- 
vestigation. Those  unions  which  respect  public  opinion  would 
not  strike  in  the  face  of  this  established  machinery.  Another 
thing,"  he  continued  in  substance,  "if  it  has  been  found  difli- 
cult  to  enforce  the  law  in  Canada,  it  means  that  it  will  be 
much  more  difficult  to  enforce  a  similar  law  in  the  United 
States.  For  in  this  country  [Canada],  under  the  cabinet  sys- 
tem of  government,  fewer  laws  are  passed,  the  whole  govern- 
ment is  held  responsible  for  them,  and  they  are  taken  much 
more  seriously  than  in  your  country.  We  don't  speak  of  laws 
as  being  'dead  letters*  as  you  do." 

Certainly  the  public  interest  in  the  continuous  operation  of 
the  nation's  railroads  is  so  vital  that  the  facts  ought  to  be 
known  before  a  strike  or  lockout  occurs.  Canadian  experi- 
ence does  not  show  just  how  effective  public  opinion  can  be  in 
preventing  an  interruption  of  services.  No  attempt  has  been 
made  in  Canada  to  build  up  a  body  of  continuous  facts  re- 
garding labor  disputes  on  public  utilities,  and  the  data  on 
wages,  cost  of  living,  hours  of  work,  rates  and  dividends  avail- 
able in  the  different  government  departments  have  not  been 
collected  and  placed  at  the  disposal  of  the  boards.  Each  one 
has  made  its  report  on  the  facts  presented  by  the  parties  in- 
volved in  the  particular  dispute  which  was  before  it  for  ad- 
justment. 

The  Community  Ought  to  Have  the  Facts 

Our  recently  threatened  railway  strike  has  awakened  the 
public  to  the  critical  situation  in  which  it  might  at  any  time 
be  placed.  The  feeling  is  growing  that  the  community  ought 
to  become  a  more  powerful  factor  in  preventing  a  tie-up  of  a 
public  service  industry.  The  public,  on  the  other  hand,  can- 
not exert  a  very  strong  influence  unless  it  has  all  the  facts 
necessary  to  an  intelligent  opinion.     Heretofore  it  has  had 

27 


them  only  as  they  were  furnished  to  the  press  by  the  two 
partisans  involved  in  labor  disputes.  They  should  be  furnished 
by  an  impartial  government  tribunal  on  which  both  employers 
and  workers  may  have  representation. 

But  this  does  not  necessarily  mean  that  we  should  restrict 
the  railway  employes*  right  to  strike.  It  does  mean,  however, 
that  the  government  ought  to  establish  the  machinery  both 
for  the  continuous  collection  of  all  the  facts  available  on  the 
various  aspects  of  labor  controversies  and  for  an  inquiry  into 
the  merits  of  particular  disputes  that  arise  from  time  to  time. 
With  a  background  of  information  previously  collected,  the 
facts  about  a  particular  dispute  become  more  illuminating. 
Thus  a  fully  enlightened  public  could  exert  a  more  intelligent 
influence. 

The  nation  was  helpless  last  fall  because  no  such  machinery 
was  available.  Present  legislation  provides  only  for  media- 
tion and  voluntary  arbitration.  The  first  method  had  failed ; 
past  experiences  made  the  brotherhoods  unwilling  to  submit 
their  case  to  a  body  of  arbitrators  whose  award  would  be 
binding.  But  had  there  been  an  investigating  body  in  exist- 
ence, whose  duty  would  have  been  to  recommend  an  adjust- 
ment on  the  basis  of  the  facts  collected  by  it,  it  is  safe  to  say 
that  the  brotherhoods  would  not  have  struck  until  inquiry  had 
been  completed.  Such  an  act  on  the  part  of  any  group  of 
public  service  employes,  unless  the  investigation  were  unfairly 
or  unnecessarily  delayed,  would  in  itself  cause  loss  of  public 
confidence  and  respect.  A  strike  so  called  would  in  all  proba- 
bility be  foredoomed  to  defeat  even  before  its  inception. 


28 


APPENDIX  A 

TABLES     PRESENTING     DATA     REGARDING     DISPUTES 
WHICH     HAVE     BEEN     REFERRED     FOR     ADJUST- 
MENT UNDER  THE  CANADIAN  INDUSTRIAL 
DISPUTES    INVESTIGATION    ACT    AND 
REGARDING    STRIKES    AND    LOCK- 
OUTS OCCURING  IN  CANADA 
DURING    THE    YEARS 
1901-1915 


Tables  1-6  are  based  on  the  data 
given  in  the  Ninth  Report  of  the 
Registrar  of  Boards  of  Conciliation 
and  Investigation  of  Proceedings  under 
the  Industrial  Disputes  Investigation 
Act  for  the  fiscal  year  ending  March 
31,  1916.  Tables  7-9  are  derived  from 
the  Report  on  Strikes  and  Lockouts  in 
Canada  from  1901  to  1912  and  from 
the  annual  reports  of  the  Department 
of  Labour  for  fiscal  years  ending 
March  31,  1914,  1915  and  1916.  Table 
10  is  based  on  a  comparison  of  data 
appearing  both  in  the  reports  just 
mentioned  and  in  the  registrar's  report 
for  the  fiscal  year  ending  March  31, 
1916.    See  Appendix  B. 


29 


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TABLE  4.— TIME  ELAPSING  BETWEEN  APPLICATION  FOR  BOARDS 
UNDER  THE  CANADIAN  INDUSTRIAL  DISPUTES  INVESTIGATION  ACT 
AND  THE  CONSTITUTION  OF  THE  BOARDS,  BY  INDUSTRY.  MARCH 
22,  1907  TO  MARCH  31,  1916 


Cases  in  which  period  between  application 
and  constitution  was 

Industry 

Less  than 
16  days 

16  days  and 
less  than  31 

31  days  and 
less  than  46 

46  days  and 
less  than  61 

61  days  or 
more 

All  boards 

Public  utilities 
Coal  mining 

17 
6 

12 
8 
5 
4 

9 
4 
31 
7 
4 
8 

7 

3 
9 
1 

•    • 

1 

3 

i 
1 
1 

•  « 

1 

•  • 

5 

•  • 

•  • 

1 

37 

Other  mining 

13 

Railroads 

58 

Street  railways 

Shipping 

17 
10 

All  other 

14 

Total 

52 

63 

21 

6 

'     7 

149 

Industries     other     than 
pubhc  utilities  0 

8 

3 

•    • 

•    • 

1 

12 

Grand  total 

60 

66 

21 

6 

8 

161 

a — These  are  industries  to  which  the  compulsory  features  of  the  act  do  not  apply. 

TABLE  5.~TIME  ELAPSING  BETWEEN  APPLICATION  FOR  BOARDS 
ESTABLISHED  UNDER  THE  CANADIAN  INDUSTRIAL  DISPUTES  IN- 
VESTIGATION ACT  AND  THE  REPORT  OF  THE  BOARDS,  BY  INDUSTRY. 
MARCH  22,  1907  TO  MARCH  31,  1916 


Cases  in  which  period  between  application  and  report  was 

All 
boards 

Industry 

Less  than 
31  days 

31  days  and 
less  than  46 

46  days  and 
less  than  61 

61  days  and 
less  than  76 

76  days  and 
less  than  91 

91  days 
or  more 

Public  utilities 
Coal  mining. . . . 
Other  mining. . . 

Railroads 

Street  railways. 

Shipping 

All  other 

3 

•  ■ 

2 

■    • 

2 

•  • 

7 
3 
12 
6 
5 
5 

12 
6 

10 
4 

1 
2 

6 
1 
6 
2 

•    ■ 

2 

6 
2 
7 
2 
1 
3 

3 
1 

19 
2 

1 
2 

37 
13 
56 
16 
10 
14 

Total 

7 

38 

35 

17 

21 

28 

146 

Industries  other 
^  than  public  util- 
ities'*   

5 

2 

1 

1 

1 

2 

12 

Grand  total . . 

12 

40 

36 

18 

22 

30 

158& 

a — These  are  industries  to  which  the  compulsory  features  of  the  act  do  not  apply. 

6 — Information  on  this  point  was  not  available  for  3  of  the  161  boards  established  under  the  act. 

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38 


APPENDIX  B 

BIBLIOGRAPHY 

Acland,  F.A.     Canadian  Legislation  Concerning  Industrial 
Disputes.    The  Labour  Gazette  of  Canada,  April,  1916. 

Ottawa. 
As  the  registrar  of  boards  under  both  the  Liberal  and  Conterrm- 
tive  regimes,  the   author  describes  in  this  article  strike   legisUtion 
prior  to  the  disputes  act,  the  present  law,  and  the  manner  in  whicn 
it  has  operated. 

Askwith,  George.  Report  to  the  Board  of  Trade  on  the  In- 
dustrial Disputes  Investigation  Act,  1907.  London,  1913. 
The  author,  who  is  Chief  Industrial  Commissioner  of  the  United 
Kingdom,  was  sent  to  Canada  by  the  British  Government  in  1912 
for  the  purpose  of  inquiring  into  the  working  of  the  disputes  act. 
His  report  is  the  result  of  interviews  with  "several  hundred  em- 
ployers, workmen,  trade  union  officials,  public  men  and  government 
officials."  He  analyzes  the  operation  of  the  law,  the  attitude  of 
employers  and  organized  labor,  and  gives  his  conclusions  as  to  the 
value  of  the  act. 

Canada.   Department  of  Labour.    Annual  Reports  of  the 
Department  of  Labour  for  Fiscal  Years  ending  March 

31,  1901-1916.    Ottawa. 
Each   report  gives   both   descriptive   and   statistical   material   for 
strikes  and  lockouts  occurring  during  the  preceding  year. 

Draft  Bill  Now  Under  Consideration  by  the  Minister 

of  Labour  Consolidating  and  Amending  the  Industrial 
Disputes  Investigation  Act,  1907,  and  the  Conciliation 
and  Labour  Act  with  Introductory  and  Explanatory 
Notes.    Ottawa,  1914. 

The  Minister  of  Labour  has  had  this  bill  drafted  in  order  "to 
remove  a  number  of  objections  to  the  1907  Act  and  to  remedy  its 
defects,  and  a  number  of  new  provisions  relating  to  industria^ 
agreements,  false  representations  and  other  matters  have  been  added. 
Because  of  the  European  War  the  introduction  of  this  bill  m  Par- 
liament has  been  postponed. 

-The  Labour  Gazette  (published  monthly).    Ottawa. 


Each  issue  contains  an  account  for  the  preceding  month  of  indus- 
trial disputes  and  of  proceedings  under  the  disputes  act. 

, Fifth  Annual  Report  on  Labour  Organization  in  Canada. 

Ottawa,  1915. 
A  descriptive  and  historical  account  of  the  various  labour  organi- 
zations in  Canada,  both  national  and  international. 

Annual  Reports  of  the  Registrar  of  Boards  of  Concilia- 
tion and  Investigation  of  Proceedings  under  the  Indus- 

39 


s-i 


trial  Disputes  Investigation  Act,  1907,  1907-1916. 
Ottawa. 

An  account  and  tabular  list  of  disputes  which  have  been  referred 
to  boards,  and  the  results  of  such  reference.  The  reports  are  cumu- 
lative. The  one  for  the  fiscal  year  ending  March  31,  1915,  also 
contains  the  text  of  the  act. 

Special  Report  on  Strikes  and  Lockouts  in  Canada  from 

1901  to  1912.    Ottawa,  1913. 

A  statistical  analysis  of  the  strikes  and  lockouts  occurring  in 
Canada  from  1901  to  1912.  Some  descriptive  material  is  given  for 
the  more  important  industrial  disturbances. 

Clark,  Victor  S.  The  Canadian  Industrial  Disputes  Investi- 
gation Act.  United  States  Bureau  of  Labor.  Bulletin 
No.  76.     pp.  657-740.    Washington,  1908. 

^ ^The    Canadian    Industrial    Disputes    Investigation   Act. 

United  States  Bureau  of  Labor.  Bulletin  No.  76.  pp. 
1-29.    Washington,  1910. 

^The  Canadian  Industrial  Disputes  Act.     Proceedings  of 

the  Academy  of  Political  Science  in  the  City  of  New 
York,  Jan.,  1917.    pp.  10-19.    New  York,  1917. 

Dr.  Clark  visited  Canada  at  the  request  of  President  Roosevelt 
in  1908  and  again  in  1909,  "with  a  view  of  ascertaining  the  adapta- 
bility of  the  statute  to  the  requirements  and  conditions  of  the  United 
States."  In  these  papers  he  analyzes  the  operation  of  the  act,  the 
attitude  of  public  men,  employers  and  organized  labor,  and  discusses 
its  applicability  to  conditions  in  this  country. 

King>  W.  L.  Mackenzie.  The  Canadian  Method  of  Pre- 
venting Strikes  and  Lockouts.  16  p.  New  York,  1912. 
(Published  by  Railway  Business  Association,  2  Rector 
Street,  New  York.) 

Reprint  of  an  address  delivered  at  the  fourth  annual  dinner  of  the 
Railway  Business  Association,  on  December  19,  1912.  A  vivid 
description  of  the  workings  of  the  disputes  act  by  its  author  and 
former  administrator. 

O'Donoghue,  J.  G.  The  Industrial  Disputes  Act.  Toronto, 
1916.  (Published  by  J.  G.  0*Donoghue,  241-2  Con- 
federation Life  Chambers,  Toronto.) 

A  draft  of  a  bill  prepared  for  the  Canadian  Trades  and  Labour 
Congress  to  meet  the  objections  voiced  in  conventions  of  this  body, 
against  administrative  defects  of  the  present  statute. 

Parkinson,  Thomas  I.  Constitutional  Aspects  of  Compulsory 
Arbitration.  Proceedings  of  the  Academy  of  Political  Sci- 
ence.   Jan.,  1917.    pp.  44-81.     New  York. 

In  addition  to  the  constitutionality  of  compulsory  arbitration, 
the  constitutionality  of  the  principle  of  the  Canadian  disputes  act 
is  also  discussed  in  this  paper. 

40 


Shortt,  A.  The  Canadian  Industrial  Disputes  Act.  Ameri- 
can Economic  Association.  Publications,  April,  1909, 
3d  series;  Vol.  10;  pp.  158-173. 

A  description  of  the  technique  used  by  the  author,  as  chairman^  of 
11  boards  in  the  first  two  years  of  the  operation  of  the  act,  to  bring 
about  an  amicable  settlement  of  diflFerence  between  employers  and 
their  workers. 

Trades  and  Labour  Congress  of  Canada.  Annual  Pro- 
ceedings, 1907-1916.    Ottawa. 

These  proceedings  contain  summaries  of  debates  and  resolutions 
adopted  at  annual  conventions,  relative  to  the  disputes  act. 


41 


OTHER  PUBLICATIONS  OF  THE 

RUSSELL  SAGE  FOUNDATION 

DEALING  WITH 
TRADE  UNIONISM  AND  INDUSTRIAL  DISPUTES 

BOOKS 

StMl  Workers,    The.    By   John   A.    Fitch.     lUus.   xiii,   380   pp.     Price 
$1.50;  postpaid,  $1.73. 

The  twelve-hour  day  and  seven-day  week,  strikes,  breakdown  of  trade 
unionism,  work  of  immigrants,  wages,  and  processes  of  work  in  steel  in- 
dustry of  Pittsburgh. 


Longshoremen,  The.     By  Charles  B.  Barnes.     Illus.  xx,  i287  pp.     Post- 
paid, $3.00. 

Irregular  employment,  earnings,  trade  unionism,  types  of  dock  work  and 
workers  in  New  York  harbor.  Summaries  of  conditions  in  Boston,  Liverpool 
and  Hamburg. 

Wage-Earning  Pittsburgh.       By  Kellogg,  Commons,  Kelley  and  others. 
Illus.  XV,  582  pp.  Price  $2.50;  postpaid,  $2.75. 

C<nnmunity  problems  related  to  industry,  the  new  immigration  in  in- 
dustry, factory  inspection,  industrial  hygiene,  child  labor,  trade  unionism. 

Women  and  the  Trades.    By  Elizabeth  B.  Butler.    Illus.    440  pp.    Price 
$1.50;  postpaid,  $1.72. 

Conditions  of  women's  work  in  needle  trades,  metal  trades,  canning, 
confectionery,  and  stogy  industries,  conmiercial  work,  etc.,  in  Pittsburgh. 

Women  in  the  Bookbinding  Trade.     By   Mary   Van   Kleeck.   Illus.   xx, 
270  pp.     Postpaid,  $1.50. 

Hours  and  ni^t  work,  wages,  irregular  employment,  trade  training, 
enforcement  of  labor  laws,  trade  unionism. 


i 


PAMPHLETS 

SE  12  Industrial  Conditions  in  Springfield,  Illinois.  By  Louise  C. 
Odencrantz  and  Zenas  L.  Potter.  Published  by  the  Department 
of  Surveys  and  Exhibits. 

Wages,  hours,  irregular  employment,  accident  prevention  and 
compensation,  child  labor,  trade  unionism,  living  conditions  of 
wage-earners*  families.  173  pp.    25  cents. 

SE  6    Industrial  Conditions  in  Topeka.     By  Zenas  L.  Potter.    Pub- 
lished by  the  Department  of  Surveys  and  Exhibits. 

Trade  unionism,  scientific  management,  wages,  apprenticeship, 
women's  work,  home  conditions.    56  pp.     15  cents. 

Order  books  and  pamphlets  from  the  Russell  Sage  Foundation 
130  East  22d  Street,  New  York  City 

42 


COLUMBIA  UNIVERSITY 


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COLUMBIA  UNIVERSITY 

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